By Attorney Yazhou Wang (yazhou.wang@hooyou.com)

The EB-2 National Interest Waiver (NIW) petition is evaluated based on a three-prong test established in the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), requiring the petitioner to demonstrate that their proposed endeavor has both substantial merit and national importance, that they are well-positioned to advance the proposed endeavor, and that, on balance, it would be beneficial to the United States to waive the job offer and thus the labor certification requirements. However, USCIS does not provide strict, clear-cut criteria for satisfying each prong, making the process highly subjective. Petitioners must present strong, well-documented evidence to demonstrate how their petition aligns with the NIW requirements.

The first of these prongs requires demonstrating that the proposed endeavor has both substantial merit and national importance. This article breaks down what these terms mean and how petitioners can effectively meet this requirement.To better understand this prong, the article also includes several specific examples provided in USCIS Policy Manual.

1. Clearly Explain/Introducethe Proposed Endeavor

The first step in meeting this requirement is to clearly explain/introduce the proposed endeavor. It is not enough to simply list a general occupation; instead, the petitioner must offer details as to what types of work he proposes to undertake specifically within that occupation. This means that the petitioner should describe, in as much detail as possible, what exactly he intends to do and how he plans to do it. For example, while “engineer” is an occupation, the explanation of the proposed endeavor should describe the specific projects and goals, and the area of engineering in which the petitioner will work, rather than simply listing the duties and responsibilities of an engineer. When introducing the proposed endeavor, the petitioner should do so in a straightforward manner and clearly lay out the potential direct impacts of the endeavor and whether the endeavor will be furthered through the course of his duties at a particular employer or some other way.

2. Substantial Merit: The Value of the Endeavor

The "substantial merit" aspect of the test evaluates the significance of the proposed work. This merit can be demonstrated in various fields, including, but not limited to:

• Business and Entrepreneurship – Innovative startups or new business models with broad economic or industry-wide impacts.
• Science and Technology – Advancements in research, technology, and development that can improve knowledge, healthcare, or industry standards.
• Culture and Education – Artistic contributions, policy innovations, or academic advancements that enrich society.
• Healthcare and Medicine – Research, treatments, or public health initiatives that benefit the well-being of large populations.

Importantly, while economic impact could help to demonstrate merit, it is not required. Even if a petitioner's endeavor does not have immediate or quantifiable economic impact, it can still qualify if it advances human knowledge, scientific research, or cultural progress.

3. National Importance: The Impact of the Work

The second part of the first prong evaluates whether the endeavor has national importance. USCIS officers consider the potential influence of the work. Please note, when determining whether the proposed endeavor has national importance, USCIS officers will focus on the nature of the proposed endeavor, rather than only its geographical scope.

An endeavor may be considered to have national importance if it:

• Has national or global implications in a particular field (e.g., developing a new manufacturing process or a medical breakthrough).
• Contributes significantly to employment or economic growth, particularly in regions with economic challenges.
• Leads to major advancements in science, technology, healthcare, or public welfare.

Petitioners must submit detailed evidence supporting the national importance of their endeavor. Simply citing the importance of a profession/occupation is insufficient unless the petitioner demonstrates broader implications for a field or region. When determining national importance, USCIS officers assess the substance of a petition rather than just job titles or occupational categories. The focus is on how the specific endeavor meets the national importance standard, not just the applicant’s profession. For example, a proposed endeavor to engage in classroom teaching, without broader implications for a field or region, generally will not be considered to have national importance.

It is also important to note that: in order to demonstrate national importance, an employee of a company must show that their individual work stands to have broader implications (such as for a field, a region, or the public at large), rather than just benefiting their specific employer.Here are two examples from USCIS Policy Manual:

• a person developing a particular technology for use or sale by a given company may not be able to establish national importance based on evidence that this technology will have benefits for the company or its clients alone. To establish broader public or commercial implications at a level consistent with national importance for this field or industry, the petitioner could demonstrate, through the submission of relevant evidence, widespread interest in adoption or licensing of the technology, a novel and important manufacturing or operational process, or how the technology stands to impact the development of similar technology by other companies.
• a software engineer adapting their employer’s code for various clients will have difficulty demonstrating the national importance of that endeavor, absent additional broader impacts supported by specific evidence.

4. Final Takeaway

Ultimately, for an EB-2 NIW petition to satisfy the first prong, the petitioner must establish that their proposed endeavor has significant merit and broad impact. It is essential to provide specific evidence demonstrating how the work benefits society, advances important industries, or contributes to public welfare beyond a single employer’s interests.By carefully outlining the specific details of their work and its larger implications, petitioners can build a strong case for meeting this critical requirement of the NIW standard.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

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(03/05/2025)